scholarly journals Legal Policy of the Republic of Kazakhstan in Counteracting Terrorism and Religious Extremism

2021 ◽  
Vol 15 (4) ◽  
pp. 476-483
Author(s):  
Zaure Ayupova ◽  
Аliya Seralieva ◽  
Bakhytzhan Saparov
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Modern World ◽  
Main Body ◽  
Legal Policy ◽  
Religious Ideology ◽  
Religious Extremism ◽  
State Governance ◽  
The Republic ◽  
Key Indicators

The article discusses the problems of legal policy of the Republic of Kazakhstan aimed at counteracting terrorism and religious extremism. The goal of research is the development of political and legal mechanisms of preventing terrorism and religious extremism in modern Kazakh society, the analysis of key reasons behind the spread of extremist attitudes among some believers, the study of key factors behind the extremist religious ideology. The methodological basis of this research is the dialectic method freed from materialistic or idealistic monism and grounded in pluralistic, multi-linear interdependence of all political and legal phenomena. The authors used formal-legal and comparative-legal methods. They researched the State Program of Counteracting Religious Extremism and Terrorism in the Republic of Kazakhstan in 2018–2022, which foresees predominantly preventive measures. The key task of ensuring state security in a rule-of-law state with a well-developed legal system, which the Republic of Kazakhstan is, mainly consists in the development and successful enforcement of legal mechanisms of governance. In the modern world, religious and political extremism remains a phenomenon that destroys the basis of state power and the system of state governance, instigates hatred of representatives of other religious denominations, and contradicts the standards of morality and public behavior. Terrorism and religious extremism are a real threat to stability not only for the Republic of Kazakhstan, but for all countries of the world. The improvement of basic aspects in the criminal sphere, including the prevention of specific terrorism-related crimes, remains very topical today. The classification of criminal law norms connected with counteracting terrorism and religious extremism is based on a number of key indicators of criminal policy and fundamental criminal law institutes, whose description constitutes the main body of this article.

Comparative analysis of the criminal legislation of the Republic of Azerbaijan and The Islamic Republic of Iran

2021 ◽  
Vol 67 (06) ◽  
pp. 108-112
Author(s):  
Ləman Fəxrəddin qızı Qasımzadə ◽  
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Modern World ◽  
Cultural Integration ◽  
Islamic Republic ◽  
Foreign Countries ◽  
Foreign Law ◽  
Islamic Republic Of Iran ◽  
The Republic ◽  
Criminal Legislation

In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem. In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem.The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law. The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law.As the criminal legislation of the Islamic Republic of Iran and the Republic of Azerbaijan relates to different legal systems, it is difficult to compare them, but it is mutually beneficial.Thus, it allows to identify gaps in the legislation of both countries and take measures to eliminate them. Key words: crime, responsibility, talion principle, revenge, additional punishment, so to speak

The Problem of Correlation Between the Criminal Policy Humanization and the Concept of Justice at Imposing Criminal Penalties in the Republic of Kazakhstan

2018 ◽  
Vol 9 (1) ◽  
pp. 147
Author(s):  
Meruyert MASSALIMKYZY
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Punishment ◽  
The Social ◽  
Penal Institution ◽  
The Republic ◽  
Feasible Solutions ◽  
Criminal Legislation

The article raises the problem of unjustified humanization of criminal legislation and the practice of imposing a punishment. Imposing a punishment as a legal category has been extensively studied in the works of national and foreign scholars specializing in criminal law. However, despite the importance of this institution both for the convict and for the society as a whole, this penal institution remains one of the most problematic ones. The existing conflict between the current criminal policy humanism and the concept of social justice in criminal legislation, the adequacy of a punishment to the social danger of the offense being a part thereof, makes enormous harm to all law enforcement activities. It also causes negative response in the society, thus reasonably attracting a heightened attention of criminologists and experts in criminal law and procedure. The purpose of this work, as the author sees it, is trying to find feasible solutions to one of the most urgent problems of imposing a punishment. Attention is drawn to the fact that the concept of humanism has two aspects and implies, first of all, the protection of interests of law-abiding citizens. The author considers topical issues concerning the observance of the rights of victims through the solution one of the main tasks of criminal law, namely: to restore social justice by imposing a proportionate criminal punishment. Certain provisions of the theory of criminal punishment, as well as the practice of imposing punishment by the court, are studied here. Insufficient development of norms in the current criminal legislation can create problems in law enforcement, which, in turn, can lead to a significant violation of the victims’ rights. The author makes recommendations that can contribute to the improvement of the penal system consistent with the principle of humanism, considering the interests of the victims.

scholarly journals Criminal policy in the legal security system

2021 ◽  
Vol 136 (3) ◽  
pp. 105-112
Author(s):  
E.A. Ongarbayev ◽  
◽  
B.R. Sembekova ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Activity ◽  
Theoretical Research ◽  
Legal Analysis ◽  
Complex Approach ◽  
Comparative Aspect ◽  
The Republic ◽  
Legal Security ◽  
Analysis System

The article considers issues of legal security through the modernization of criminal law, criminal procedure and criminal execution norms aimed at improving the criminal policy of the Republic of Kazakhstan. The authors carried out an analysis of norms of criminal law, criminal procedural, and criminal executive legislation of the Republic of Kazakhstan. The article highlights some innovations in a comparative aspect, indicating promising directions, ensuring the effectiveness of their application and implementation in law enforcement activity of the subjects of proof. The article reveals mechanisms of criminal policy improvement based on the system-complex approach and application of comparative-legal analysis. System-complex approach has been considered in terms of disclosure of material and procedural norms, determining comprehensiveness, completeness, and objectivity of regular processes of interaction, reflection, and manifestation of objective-subjective factors of formation and development of criminal activity. The mechanism of criminal activity has been disclosed in terms of regulation and management of the process of detection, investigation and prevention based on the principles of legality, objectivity and completeness in the pre-trial and trial processes that determine the factors of implementation of the classification basis of criminal offenses. Comparative legal analysis determined the effectiveness and efficiency of mechanisms to improve criminal policy based on the analysis of theoretical research and practice of foreign countries.

Legal policy and legal culture

2021 ◽  
Author(s):  
Marina Haustova
Keyword(s):  
Civil Rights ◽  
Information Society ◽  
Effective Means ◽  
Modern Society ◽  
Legal Culture ◽  
Social Dimension ◽  
Modern World ◽  
Main Body ◽  
Legal Policy ◽  
Stage Of Development

Problem setting. The current stage of world development is characterized by the deepening of the processes of integration of political, economic, cultural life of the world. The term “globalization” has come into wide use as a characteristic of the formation of a single planetary society. Target of research is to highlight the main provisions of the dynamic system of knowledge about the information society, the legal policy of the country as a tool for legal development of modern society. Analysis of resent researches and publications. The issue of correlation between legal policy and legal culture has been analysed by V.D. Zorkin, A.V. Malko, V.A. Zatonsky, I.V. Yakovyuk and others. Articles main body. The article states that the implementation of effective legal policy at the present stage of development of Ukrainian society is one of the defining conditions for its further democratic reform, strengthening the rule of law, information society, digital competitive market economy, ensuring human and civil rights and freedoms. It is emphasized that the social dimension of globalization is studied in terms of the possibility of building a global civil society with common values and ideological attitudes, a high level of social mobility, the emergence of global culture and the globalization of public consciousness. The concept of digital society and its principles are analyzed. It is determined that legal policy is a reflection of the fact that the law itself should act as a way of building, arranging the modern world. The connection between legal policy and legal culture is emphasized Conclusions.and prospects for the development. It is concluded that legal policy, which is based on the legal culture of society and the individual, is an effective means of organization, a way of organizing the legal life of society. It is the state that must take on the roles of leader and experimenter, regulator and defender and promoter of digital transformations in Ukraine.

scholarly journals THe possibilities of the criminal code and criminal policy in overcoming the economic crisis

2016 ◽  
Vol 3 (3) ◽  
pp. 38-41
Author(s):  
M B Kostrova
Keyword(s):  
Economic Crisis ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
Legal Policy ◽  
Limited Budget ◽  
Branch Specificity ◽  
Law Making

It is stipulated that the possibilities of the criminal law in overcoming the economic crisis are limited, which is caused by the branch specificity of its subjects, the methods, tasks and functions. Determines the possibility of increasing the capacity of the criminal law to overcome the economic crisis. We analyze one of the areas of cooperation between the economy and legal policy - law-making in the field of criminal policy in the context of limited budget resources. On the basis of modern approaches to the financial and eco- nomic feasibility «anti-crime» bills it concludes that currently exists deliberate incompleteness of calculating the budget allocations for the implementation of inter-related components of the criminal policy, offered solutions to the identified problems.

scholarly journals Basic Characteristics of the Commercial Criminal Law of the Republic of Srpska / Osnovne karakteristike privredno kaznenog prava Republike Srpske

2014 ◽  
Vol 4 (4) ◽  
pp. 68
Author(s):  
Драган Јовашевић
Keyword(s):  
20Th Century ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Modern World ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
The Republic ◽  
Basic Characteristics ◽  
Legal Entities

Considering the fact that in the modern world that knows no borders between countries and even continents, legal entities commit serious criminal offenses in the field of commercial, financial, computer, environmental, and similar operations. At the end of the 20th century, a lot of countries introduced a system of criminal responsibility and punishability of legal entities. Since the legal entity has no consciousness or will, i.e. is unable to take physical movements that would cause the consequence of a crime, specific rules on responsibility and application of criminal sanctions have been prescribed for this type of perpetrators. In this way, a new branch of criminal law was constituted - commercial criminal law. This paper deals precisely with the basic characteristics of commercial criminal law.

scholarly journals Parole Criminal Law And Practice Of The Republic Of Srpska / Primjena uslovnog otpusta u Republici Srpskoj

2015 ◽  
Vol 5 (5) ◽  
pp. 5
Author(s):  
Ljubinko Mitrović
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
Correctional Institution ◽  
Conditional Release ◽  
Criminal Sanctions ◽  
The Republic ◽  
The One ◽  
Almost All ◽  
Conditional Discharge

Conditional release of the convicted person is an important and almost all modern criminal systems applicable criminal law, criminal policy and penalty doctrine, which has a very important role from the viewpoint of a particular impact on the convicted person in terms of its further re-socialization, or repair, now in a new, changed circumstances in compared to the one which housed while in the correctional institution. Thus, in the Republic of Srpska, where, according to Article 154, Paragraph 1 of the Law on Execution of Criminal Sanctions Srpska, convicted persons for which it is reasonable to expect that he would not do the crimes, and was sentenced achieve the purpose of punishment can expect a conditional discharge from a criminal correctional institutions in accordance with the provisions of the Criminal Code of the Republic of Srpska, certainly to encourage their personal efforts to engage in life at large. It is on conditional release and its specific characteristics in general, and in particular the Institute of parole in the codes of the Republic of Srpska (Bosnia and Herzegovina) will be discussed in this paper.

scholarly journals The model of the secular state and the politics of secularism in Kazakhstan: modern challenges

2020 ◽  
pp. 65-73
Author(s):  
Yu.V. Shapoval
Keyword(s):  
State Regulation ◽  
The State ◽  
Islamic State ◽  
Religious Activities ◽  
Religious Ideology ◽  
War Zone ◽  
Religious Extremism ◽  
Religious Associations ◽  
The Republic ◽  
Secular State

The article focuses on the evolution of the secularism policy pursued in Kazakhstan since independence. The liberal Law “On Freedom of Conscience and Religious Associations”, adopted by one of the first in January 1992, is defined as the initial stage. The next stage is the transition from a soft border between religiosity and secularism to more stringent state regulation. Such a turn for the secularism model in Kazakhstan was noted in 2011. At this stage in the evolution of the politics of secularism, a new Law of the Republic of Kazakhstan (RK) on Religious Activities and Religious Associations was adopted. At this time, the problem of religious radicalization and religious extremism is becoming more relevant. Even before the 2000s, religious radicalism in Kazakhstan was predominantly imported, and in 2003-2004 there were signs of the emergence of the so-called “homegrown” terrorism. The situation was aggravated after the move of young people, citizens of Kazakhstan to the war zone in Syria by their entry into the ranks of militants, under the auspices of the "Hijra to the Islamic State." As a definite reaction, the State Program on Combating Religious Extremism and Terrorism in the Republic of Kazakhstan for 2013-2017 was adopted. As part of the implementation of this program, work has been launched to prevent the involvement of people in radical religious ideology. However, measures taken by the state were insufficient and ineffective. A particularly active departure of citizens of Kazakhstan to the “Islamic State” took place from 2014 to 2016. Therefore, the state faced an urgent need to rethink the factors of radicalization. As a result of operations Zhusan - 1, Zhusan - 2, Zhusan - 3, women with children from Syria were returned to Kazakhstan, which we define as another challenge to the secularism model in Kazakhstan. He forces to rethink all past experience of secularism, with the aim of finding a place for these women in a secular state. The article identifies several categories of returning women, examines the problems associated with the rehabilitation of these women and their re-socialization, analyzes the experience of Kazakhstan in this area.

Features of Humanization of the Criminal Policy of Kazakhstan: Study of the Possibilities to Increase the Effectiveness of Punishments in the Context of International Experience

2019 ◽  
Vol 9 (5) ◽  
pp. 1604
Author(s):  
Nurlan BIZHAN ◽  
Tugel BEKIMBETOV ◽  
Alisher PERSHEYEV ◽  
Gulshat RAHMETOVA ◽  
Gulmira DAIRABAYEVA
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
International Experience ◽  
Public Works ◽  
International Criminal Law ◽  
Global Trends ◽  
The Republic ◽  
Criminal Legislation ◽  
Further Development

Humanization of the criminal policy of the Republic of Kazakhstan, started by the President of the country in the Message dated January 29, 2010, attracts the attention of many researchers, both in Kazakhstan and in the world. However, the issue of what impact this humanization has on the recorded criminality in the country is answered by researchers ambiguously. A part of society also believes that humanization allows avoiding fair punishment for many criminals. The aim of the work is to summarize the results of the humanization of the criminal policy, to develop certain recommendations on the improvement of the criminal legislation of Kazakhstan taking into account world trends and the provisions in the international criminal law. The influence of international legislation on the formation of national criminal law is analyzed. Under the influence of global trends, there has been significant humanization of the criminal legislation of the Republic of Kazakhstan. A significant reduction in the number of persons serving a criminal sentence of imprisonment is mentioned by the author as one of the main achievements of the process of humanization. The author sees the further development of the process of humanization in a new approach to the execution of punishment in the form of community service. The international experience of implementing the principle of publicity for a number of criminal penalties, its conformity with the historical traditions of the Kazakh society are recognized as positive; this experience is recommended to be used and fixed in the Criminal Code of the Republic of Kazakhstan. The author believes in the need to widely involve public organizations, including religious ones, in their influence on people convicted for public works.

MODEL AND STRUCTURE OF THE POLICY OF COUNTERACTING THE CRIME OF TRAFFICKING IN PERSONS

2021 ◽  
Vol 14 (5) ◽  
pp. 287-292
Author(s):  
ALIMZHAN BEKMAGAMBETOV ◽  
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
National Policy ◽  
Criminal Policy ◽  
Point Of View ◽  
Trafficking In Persons ◽  
Points Of View ◽  
The Republic ◽  
Constituent Elements ◽  
The Relationship

The purpose of the research. The article discusses the issues of further modeling of the criminal policy of combating crime in the field of human trafficking. In this regard, the issues of the constituent elements in the structure of the anti-criminal state mechanism are considered. Particular emphasis is placed on the relationship between criminal and criminological policy. The author, having analyzed the research in this area, distinguishes two groups of diametrically opposite points of view of scientists: one group of opinions is the idea that criminal policy is part of the criminological one, the other point of view is the opposite. The author of this work is of the opinion about the need for further integration and interaction between various fields of knowledge, including such areas as criminology of law and criminology of criminal law (law). Based on the fundamental concepts of a number of scientists, the author of the publication presents the structure of criminological legislation in the field of combating crime related to human trafficking, and also once again draws attention to the criminogenic gap expressed in the absence of a basic anti-trafficking law. Conclusions. In accordance with the author's approach, the international and national policy, consisting of criminal law, criminal procedural, criminal executive, operational-search and forensic subsystems, should be included in the number of subsystems of the policy of combating crime related to trafficking in persons. The need for a clear reflection in the official terminological turnover within the framework of the integral conceptual and categorical apparatus of the draft Concept or the national draft of the legal policy of the Republic of Kazakhstan is noted.

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